Hidden Valley Lake POA Board Agenda: Thursday, June 28, 2018

HIDDEN VALLEY LAKE PROPERTY OWNERS ASSOCIATION BOARD OF DIRECTORS MEETING
Thursday, June 28, 2018 7 PM – POA Lower Level AGENDA

June Motions:

  • Approval of May Minutes. Board Secretary.
  • Request approval of Bond Returns. Architectural Committee.
  • Appeal Architectural Committee decision to have unauthorized dockremoved. Architectural Committee.
  • Request to approve suggested changes to Fine Structure. Judicial Panel
  • Request approval of first time boat registration course for residents.Lakes and Parks Committee.
  • Request approval of April, 2018 Financial Statements. FinanceCommittee.

    Call To Order: Patricia Hawkins

    Pledge of Allegiance: Patricia Hawkins

    Presidents Report: Patricia Hawkins Treasurers report: Robert Starks

    Secretary’s Report: Donna Yetzer

• Approval of May 24th, 2018 Board of Directors Minutes.

Community Managers Report: Bruce Keller Golf Course Managers Report: Jen Reuter

COMMITTEE and Club REPORTS: Architecture Committee Report: Dave Hafner

  • Request approval of Bond Returns.
  • Mr. Weis appeal.On March 22, 2018 the board passed the following motion for the construction of a retaining wall for Mr. Gordon Weis.

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Request approval of Variance request for Gordon Weiss allowing him to build a wall over 8 inches with the following caveats.
Gordon Weis, Lot# 2537/2538A, 1753 Cove Circle East, Requesting 10′Variance to place a retaining wall located on the property line. The variance is for constructing a landscape retaining wall starting at the property line between lots 2538A and 2538B. The wall will be constructed a minimum of six feet from the rear property line. The wall will be an Alan Block wall with concrete footer located as shown in the drawing provided. The top of the Base footer of the wall and the grade leading up to the wall must be a minimum 12” above the level of the summer pool. The opposite end of the new wall must be no closer than a minimum of 12 feet from the rear property line. The Committee recommends the Variance for POA approval if the construction is accomplished according to specifications. Rip rap must be used between the wall and lake.

Motion made by Bill Minnery and seconded by Donna Yetzer for 10’ variance. Motion passed 4-0, 1 absent.

On June 4, 2018 a Stop Work Order was issued to Mr. Weis because the above approval was not followed and Mr. Weis added a concrete dock. He attended an Architectural Meeting on June 6, 2018 at which time the Committee required him to remove the dock and finish the job as approved. Mr. Weis is appealing that decision to the Board of Directors.

Safety, Security & Elections Committee Report: Bonnie Starks Judicial Panel: Bruce Plashko

• Request approval of the attached fee schedule changes. Attachment 1, (First Reading)

Lakes and Parks Committee Report: Dave Patterson

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1)

• Request a Motion approving the following information regarding a wording change for current Rule 7-7-3 being submitted by L&P. (First Reading)

Register a Watercraft (Replacing Rule 7-7-3)

“Only an HVL POA member may register his/her water craft. Before a POA member registers a water craft for the first time for use on the HVL main lake, they must attend a POA-sponsored Boat Safety Familiarization Course conducted by a current member of the HVL POA Boat Patrol.”

7-7-3. Only a POA Member May Register a Watercraft (Current Rule) “Only an HVL POA member may register his/her water craft.”

Finance Committee Report: Kyle Packer
• Request approval of April, 2018 Financial Statements.

Future Planning Committee Report: George Lortz Civic Club: Karen Plogsted
Old Business:

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New Business: Adjournment:

3-7. Judicial Assessment Schedule

Attachment 1

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3-7-1. Assessment for Failure to Notify of Cancellation If the HVL POA office is not notified in time as specified the following assessment may be levied: $50 to 500. 3-7-2. Assessment for Failure to Comply with Any HVL POA Regulation If any regulation of the HVL POA is violated the following assessments may be levied: $25 to $2,000, plus damages, plus HVL POA costs. Change on assessment to: $50 to $2,000 plus damages plus HVL POA costs.

4-25. Architecture Assessment Schedule NO CHANGES TO ASSESSMENT AMOUNTS
4-25-1. Right to Suspend Work a. In the case of Architecture violations, the POA reserves the right to place a stop work order and halt construction at a job site after issuing of a citation. b. An architecture violation may receive a citation along with a 24-hour period to remedy the violation before a failure to comply citation would be issued. c. Sundays and holidays may be excluded.

4-25-2. Assessment for Failure to Prepare Driveway Before Work Begins If a driveway or ingress and egress is not prepared to specifications before work begins then the following assessment may be levied: $500 plus damages
4-25-3. Assessment for Culvert Pipe Violation If culvert pipes are improperly installed, undersized (defined as being under 15 inches), made with the wrong materials, or any other culvert pipe issue, then the following assessment will be levied: $500 plus damages.
4-25-4. Assessment for not Using Prepared Driveway as Ingress or Egress If the prepared driveway is not being used to enter a lot, or if there are multiple access point being used to enter a lot, then the following assessment will be levied: $100 – $500.
4-25-5. Assessment for Malfunctioning Culvert Pipe If a culvert pipe is bent or plugged, or ditch line blocked in any manner to disrupt the natural flow of water than the following assessment will be levied: $100 – $500.
4-25-6. Assessment for Insufficient Gravel If there is insufficient gravel then the following assessment will be levied: $100 plus 24 hours to remedy, each violation thereafter will increase by $100 increments
4-25-7. Building Permit Affixed to a Tree or HVL property or No Permit Assessment If a building permit is affixed to a tree or to HVL property the following assessment will be levied: $20 – $50
4-25-8. Mud or Debris Assessment a. If Mud or other debris is not cleaned up as soon as possible or by the end of the workday then the following assessment will be levied: $100. b. If Mud or other debris is left on the street past normal working hours then the following assessment will be levied: $200.
4-25-9. Theft of Utilities Assessment a. If a person or his/her agent is found stealing utilities then the following assessment will be levied: $100 – $500 plus Damages. b. If a person or his/her agent is found stealing utilities on three or more occasions then the HVL Board of Directors may ban the violator from Hidden Valley Lake Subdivision.
4-25-10. Unsightly Construction Site Assessment If a person or his/her agent does not keep a building sight clean and in a workmanlike fashion the following assessment will be levied: $100 – $500
4-25-11. Not Following Approved Plans Assessment If a person or his/her agent does not follow the plans approved by the Architectural Committee, including but not limited to following the dimensions, and locations as approved, then the following assessment will be levied: $500 – $2000 plus Stop Work Order
4-25-12. Stop Work Order Assessment If a Stop Work Order is issued then the following administrative assessment will be levied: $100

6-5. Animal Assessment Schedule

6-5-1. Dog Noise Assessment
a. If an owner or harborer of a dog or dogs negligently allows the dog or dogs in his/her care to cause a noise at such a level as to be a nuisance to neighbors as set

forth herein then the following assessment will be levied against the owner or the keeper: $25. Change assessment to $50
b. If an owner or harborer of a dog or dogs has already had an assessment levied against them as prescribed in part “a” of this section and violates again, this second violation and each subsequent violation thereafter will have the following assessment levied: $50. Change assessment to $100

6-5-2. Dog Running Loose Assessment
a. If an owner or harborer of a dog or dogs negligently allows the dog or dogs in his/her care to run loose then the following assessment will be levied: WARNING b. If an owner or harborer of a dog or dogs has already received a warning as prescribed in part “a.” of this section and violates again, this second violation and each subsequent violation thereafter will have the following assessment levied: $100.

6-5-3. Vicious Dog Assessment
a. If an owner’s or harborer’ s dog or dogs are found to be vicious, then the following assessment will be levied against the owner or harborer: The owner or harborer will be sent a letter declaring that their dog or dogs are vicious and will be advised dog must be contained $100. Change assessment to: $250.
b. If an owner or harborer of a dog or dogs has already received a warning letter as prescribed in part “a.” of this section and there is a subsequent violation any rule herein set forth by the dog or dogs deemed to be vicious, then the following assessment will be levied: $250 plus removal of the vicious dog or dogs from HVL. 6-5-4. Dangerous Dog Assessment
a. If an owner’s or harborer’ s dog or dogs are found to be dangerous, then the following assessment will be levied against the owner or harborer: WARNING
b. If an owner or harborer of a dog or dogs has already received a warning as prescribed in part “a” of this section and there is any subsequent violation of any rule set forth herein by the dog or dogs deemed to be dangerous, then the following assessment will be levied: $250.
c. If an owner or harborer of a dog or dogs has already received a warning as prescribed in part “a” of this section and a fine as prescribed in part “b” of this section and there is a subsequent violation of any rule set forth herein by the dog or dogs deemed to be dangerous, then the following assessment will be levied: $250 plus removal of the dangerous dog or dogs from HVL.
6-5-5. Hunting or Fishing Violation Assessment If a person violates the rules for hunting and fishing, as set forth in these by-laws then the following assessment will be levied: $25 – 100 Change assessment to: $50 – $1,000

7-12. Lakes and Water Craft Assessment Schedule

7-12-1. Operating a Watercraft in Excess of 35 MPH Assessment If a person operates a watercraft in excess of 35 mph, then the following assessment will be levied: $50 – $100

7-12-2. Lake Status Violation Assessment If a person operates a watercraft in violation of the defined lake status the following assessment will be levied: $50 – $100.
7-12-3. No Wake Assessment If a person operates a watercraft in a no wake zone above idle speed then the following assessment will be levied: $50 – $100

7-12-4. Failure to Follow a Towed Person at a Safe Distance If a person while operating a watercraft fails to maintain a following distance of at least 300 feet behind another watercraft towing a person on skis or any other type of device meant to be towed behind a watercraft the following assessment will be levied: $50 – $100 7-12-5. Only One Person in a Watercraft with a Person in Tow Assessment 79 If a person operates a watercraft without another person accompanying him in the watercraft, while towing a person on skis or any other type of device meant to be towed, then the following assessment will be levied: $50 – $100

7-12-6. Missing Required Equipment Assessment If a watercraft does not have the required equipment as set forth herein, then the following assessment will be levied: $25 – $200. Change assessment to: $50 – $200
7-12-7. Skiing, Tubing, or Flotation Violation Assessment If a person violates the rules pertaining to Skiing, Tubing, or use a Flotation device as set forth herein, then the following assessment will be levied: $50 – $100.

7-12-8. Operating a Watercraft in the Wrong Direction Assessment If a person operates a watercraft in the wrong direction, while in the high-speed zone as described herein, then the following assessment will be levied: $50 – $100.
7-12-9. Creating Wake in a No Wake Zone Assessment If a person operates a watercraft so that it creates wake in zone designated as a no wake zone, then the following assessment will be levied: $25 – $100. Change assessment to: $50 – $100

7-12-10. Failure to Yield the Right of Way or Reckless Operation Assessment If a person operating a watercraft fails to yield the right to another watercraft or operates his or her watercraft recklessly as defined in these by-laws, then the following assessment will be levied: $100 – $500.

7-12-11. Non-Property Owner Boating on the Lake Assessment If a person operates a watercraft in violation of these By-laws who is not a resident of HVL then the following assessment will be levied jointly and severally against both the person who is not a resident and, if applicable, the resident who allowed the nonresident access: $100 – $300

7-12-12. Boat Sticker Not Displayed Correctly Assessment If a person does not display the HVL POA sticker properly as defined within these by-laws then the following assessment will be levied: $25 -$100. Change assessment to: $50 – $100

7-12-13. Boat or Trailer Parking Violation Assessment If a person parks a boat or a trailer for a boat in defiance to these rules then the following Assessment will be levied: $25 – $100 Change assessment to: $50 – $100

7-12-14. Discarding Materials into the Lake Assessment If a person negligently deposits Waste, Litter, or other proscribed materials into the Lake, then the following assessment will be levied: $100 – $500 plus damages.
7-12-15. Unlawful Swimming Assessment If a person swims in violation of these by- laws then the following assessment will be levied: $20 – $100. Change assessment to: $50 – $100

10-12. Traffic and Vehicle Operation Assessment NO CHANGES TO ASSESSMENT AMOUNTS
10-12-1. Traffic Violation General Assessments
a. If a person violates any traffic rule as contained in these by-laws then the following assessment will be levied: $143.50

b. If a person commits a subsequent driving infraction within 90 days of the first then the following assessment will be levied: Double the original assessment
c. Anyone under the age of 18 receiving traffic citations must appear before the Judicial Panel with a parent or legal guardian and no prepayment of citation shall be allowed.

d. Traffic assessments will be updated to correspond to Dearborn County fines. This will not require action of the HVL POA Board of Directors.
10-12-2. Speeding 20 MPH Over Posted Limit If a person operates a vehicle 20 MPH over the posted speed limit, then the following assessment will be levied: $243.50 10-12-3. Fluid Leak Assessment If a person allows a vehicle in his/her control to leak fluids onto HVL POA property, then the following assessment will be levied: $100 – $500.

10-12-4. Commercial Vehicle Parking Assessment a. If a person during daylight hours parks a commercial vehicle for longer than 8 hours or blocks road usage, then the following assessment will be levied: $100. b. If a person after dark parks a commercial vehicle for longer than 8 hours or blocks road usage, then the following assessment will be levied: $200.

11-8. Burning Assessment Schedule NO CHANGES TO ASSESSMENT AMOUNTS
11-8-1. Daylight Burning Assessment If a person burns items in violation of the rules set forth herein during daylight hours, then the following assessment will be levied: $100

11-8-2. After Dark Burning Assessment a. If a person burns items, in violation of the rules set forth herein, during night time hours, and supervises the burn, then the following assessment will be levied: $100. b. If a person burns items, in violation of the rules set forth herein, during night time hours, and DOES NOT supervise the burn, then the following assessment will be levied: $200

11-8-3. Burning Material Escaping Container Assessment a. If materials that a person is burning escapes the container in which the materials were intended to be burned in, while the person supervises the burn, then the following assessment will be levied: $100. b. If materials that a person is burning escapes the container in

which the materials were intended to be burned in, while the person DOES NOT supervise the burn, then the following assessment will be levied: $200
11-8-4. Burning Material Other than Wood or Paper Assessment If a person burns materials other than wood or paper, in violation of the rules set forth herein, then the following assessment will be levied: $500.

11-8-5. Using Improper Container or No Container Assessment If a person does not use a prescribed container as defined herein or does not use any container to burn materials, then the following assessment will be levied: $500.
11-8-6. Fire Extinguished by Public Employee or HVL POA Employee Assessment If a fire in violation of these rules is extinguished by any public employee or an HVL POA employee, then the following assessment will be levied: $100.

11-8-7. Fire Requiring the Fire Department to Respond If a fire in violation of these rules is of such magnitude that the Fire Department must be called, then the following assessment will be levied: $500.

11-9. Personal Violations Assessment Schedule

11-9-1. Harassment Assessment If a person abuses or harasses an HVL POA employee, HVL POA committee member or resident then the following assessment will be levied: $75 – $500 Change on assessment to: $100 to $700.
11-9-2. Disorderly Conduct Assessment If a person acts disorderly or mischievous then the following assessment will be levied: $25 – $500 plus damages Change on assessment to: $50 to $500 plus damages.
11-9-3. Invalid HVL Identification Card Assessment If a person is found to possess an invalid HVL POA card the following assessment will be levied: $10 – $50.
11-9-4. Property Damage, Vandalism Assessment If a person is found to have intentionally caused property damage to another then the following assessment will be levied: $25 – $500 plus damages. Change on assessment to: $50 to $500 plus damages.
11-9-5. Trespassing Assessment If a person is found to have intentionally or knowingly entered upon the property of another without permission or excuse, then the following assessment will be levied: $25 – $200 plus damages. Change on assessment to: $50 to $200 plus damages.
11-9-6. Littering Assessment If a person is found to have littered or unlawfully deposited an item on either the property of another or upon any property owned by the HVL POA, then the following assessment will be levied: $100 – $500.
11-9-7. Firearm Violation Assessment If a person violates the rules set forth for firearms the following assessment will be levied: $100 – $1,000.
11-9-8. Damage to Community Property Assessment 97 If a person damages HVL POA property then the following assessment will be levied: $50 – $1,000 plus damages. Change assessment to: $100 – $1,000 plus damages
11-9-9. Curfew Violation Assessment If a person violates the curfew rules set forth herein then the following assessment will be levied: $25 – $200 Change on assessment to: $50 to $200.

11-9-10. Improper Noise Violation Assessment If a person violates the noise rules set forth herein then the following assessment will be levied: $80. Change on assessment to $100

11-10. Signs and Solicitation Assessment Schedule

11-10-1. Sign Violation Assessment
a. If a person violates the sign rules set forth herein then the following assessment will be levied: $10 – $50. Change assessment to: $25 – $100
b. If a person does not otherwise violate a sign rule, but affixes the sign improperly to property owned by the HVL POA or to a tree then the following assessment will be levied: $20 – $50. Change assessment to: $50 – $100

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